The example about security guards is pretty outrageous, given the size of the penalty ($100k), the duration (multiple years), and the fact that there aren't any trade secrets involved with security guarding. Does the FTC's proposed rule just go after this type of noncompete? I thought they were targeting all of them. If so, my guess is that's their 'opening bid', and they're expecting pushback from industry. Then they'd decide on a final regulation that reaches a more reasonable position — and made it appear they had given up ground.